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The Legal Intelligencer

'Erie' and Pa.'s Exclusion of Evidence of Compliance With Government Standards

The Pennsylvania Supreme Court affirmed a lower court ruling that barred evidence of a product manufacturer's compliance with government (and industry) standards in a strict liability design defect case.
13 minute read

The Legal Intelligencer

The Challenge of Reasonableness in Discovery

Can both plaintiffs and defendants—opposing parties in an adversarial system—ascribe the same meaning to "reasonableness" to cooperate in discovery? Is it reasonable to believe that adversarial parties are likely to reach an agreement as to what is "reasonable" in discovery? The Federal Rules of Civil Procedure answer with a resounding "yes."
7 minute read

The Legal Intelligencer

If You Are Too 'Busy' to Communicate With Your Client, You Better Think Again

Clients that are unversed in litigation may have difficulty understanding why their case is "not moving" or "taking so long." Lawyers facing these types of questions cannot simply ignore the client's requests for updates.
5 minute read

The Legal Intelligencer

Recent Supreme Court Decisions May Affect Tax Practice

This article discusses the potential impact of two recent U.S. Supreme Court decisions—Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System—on tax planning and controversy practice.
6 minute read

The Legal Intelligencer

Third Circuit's 'Johnson v. NCAA' Opinion: What It Means for College Athletics and Beyond

On July 11, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit entered the thorny world of compensation for college athletes, forcefully rejecting the argument that the "amateur status" of college athletes categorically removes them from the ambit of the Fair Labor Standards Act.
6 minute read

The Legal Intelligencer

IRS Announces Final Regulations Identifying SCE Transactions as Listed Transactions

The new IRS regulations require taxpayers who participated or materially advised others in SCE transactions to satisfy additional reporting requirements.
3 minute read

The Legal Intelligencer

Say 'YES': Reinventing Yourself in the Legal Profession

You will land new clients or land on your feet in a more supportive environment if you embrace the unfamiliar by saying "yes" to new work, experiences and opportunities.
7 minute read

The Legal Intelligencer

The Ethics of Addressing Opposing Counsel's Factual Errors

The primary focus of a lawyer's duties under the Model Rules is always to the lawyer's client (diligence, competence, confidentiality), with only limited and basic duties that apply to third parties or to opposing parties or counsel.
5 minute read

The Legal Intelligencer

The Latest Incarnation of the Nigerian Prince

Lawyers have indeed been warned about the scam and many other variations. But, yet, somehow, they still fall prey.
6 minute read

The Legal Intelligencer

A Word on Hearsay: Using Prior Statements Under Pennsylvania and Federal Rules

Although hearsay evidence is generally prohibited, the definitional carve-outs and exceptions provide trial judges with the latitude to admit trustworthy evidence that would otherwise be excluded. Both the Pennsylvania Code and the Federal Rules of Evidence recognize such exceptions, but they approach their admissibility and use with distinct priorities and limitations.
7 minute read

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